Closing arguments set for Wednesday in Ocala murder trial

Tuesday

Keondre Duncan, 21, is accused of killing a store clerk during a robbery in April 2016.

Closing arguments are set for Wednesday morning in the first-degree murder trial of 21-year-old Keondre Duncan, who is on trial for shooting to death an Ocala store clerk during a robbery attempt.

Both sides wrapped up their cases Tuesday after a day and a half, with more than a dozen witnesses in Circuit Judge Gary Sanders' courtroom at the Marion County Judicial Center in Ocala.

Duncan is charged in the death of Ujjval “Rocky” Patel, 33, who was killed at the Jiffy Food Store, 2425 NW 10th St., on April 22, 2016.

During the robbery attempt, authorities say Duncan jumped over the counter, struggled with Patel, and fatally shot him. Patel had worked at the store for 15 years and was considered by his family to be the glue that held them all together.

Dr. Kyle Shaw, forensic pathologist and former medical examiner in the Leesburg office, testified that Patel was killed by a gunshot in the right side of his head.

A week after the shooting, Ocala police officials announced Duncan was a person of interest. In late January 2017, Duncan was taken into custody following a traffic stop in the Paddock Mall parking lot. He declined to speak with detectives and was transported to the jail, where he has remained ever since.

At the trial, prosecutors Amy Berndt and Rich Buxman are representing the state. Candance Hawthorne is defending Duncan.

Prosecutors told the judge that Marvin Duncan — no relation to the defendant — was refusing to testify for the state. Buxman said they're still looking for the witness. When they find him, he will be brought before the court.

Berndt and Buxman took turns questioning witnesses. Among the evidence they submitted were a pair of burned pants, shoes and a scarf believed to have been worn by Duncan at the time of the shooting.

The items were discovered in separate burn pits in the back of a home after the robbery attempt.

Hawthorne questioned the Ocala Police Department crime scene technician who collected and photographed the items and asked if he knew when the clothes and shoes were burned. The technician said no.

Stacy Harris, who once lived at the home, said he saw the shoes, which were Nike sneakers, in the home. He said he had never seen them before and wanted to play basketball so he put them on. He said he wore the shoes for five to 10 minutes but took them off because they were uncomfortable.

Harris testified that he placed them among a pile of clothes and trash. Those items were put in a burn pit.

Harris told Hawthorne that multiple people lived at the home, and it was not uncommon for friends to come over and leave clothes or borrow clothes from people living at there.

After prosecutors rested their case, Hawthorne asked the judge for a verdict of acquittal, saying the state has failed to prove its case. Buxman argued prosecutors had established an attempted robbery and that the person responsible for shooting the clerk was Keondre Duncan.

Sanders denied Hawthorne's motion.

Duncan, who wore a suit and tie in court, decided not to testify in his own defense. He told the court he had wanted to call two other witnesses — in addition to family members — but neither of those witnesses took the stand.

On Monday, Amanda Jeffreys had testified that she gave Duncan clothes and also a hoodie sweatshirt, the one Duncan was allegedly wearing at the time of the incident.

On Tuesday afternoon, Duncan's mother, Nikketta Smith, and brother, Dymearius Smith, took the stand for the defense.

Nikketta Smith testified that Jeffreys did not purchase any clothes for her son. She said Jeffreys did not give her son a hooded sweatshirt. She said her son had anywhere between 15 to 16 pairs of Nike sneakers.

During cross-examination by Buxman, she said her son was at home with his brother and they had the wrong person.

Duncan's brother testified that Duncan was at home with him on the day of the attempted robbery and shooting. As far as he knows, Dymearius Smith testified, his brother did not have a red hoodie. The young man told Buxman he doesn't remember at what time he woke up and when he went back to sleep or woke up a second time.

After questioning an OPD officer, the defense concluded its case at 1:57 p.m.

Berndt called to the stand Sgt. Jeff Hurst, who worked as a police detective at the time of the shooting. HDuring their investigation, Hurst said, Duncan told him his brother was not at the home on the day of the shooting.

In her questioning, Hawthorne asked Hurst if he talked to Duncan about the shoes. Hurst said, yes, and that Duncan told him he no longer had them.

The lawyers agreed on jury instructions, and Sanders elected to have closing arguments at 8:30 a.m., followed by jury instructions. Then the case will be given to jurors for their deliberation.